Abused Boy Scout Limited to $20,000 Award Due to ‘archaic’ State Law

Boston Herald
May 16, 2019

https://www.bostonherald.com/2019/05/15/abused-boy-scout-limited-to-20000-award-due-to-archaic-state-law/

Attorney Jeff Anderson holds a list of names, during a press conference, of more than 130 Boy Scout leaders who worked in New York and were named in Boy Scouts of America (BSA) “Perversion Files” as having allegations of sexually abusing minors, Tuesday April 23, 2019, in New York. (AP Photo/Bebeto Matthews)

Lawyers across the country filing sexual abuse lawsuits against the Boy Scouts of America don’t face the same “archaic” cap that exists in Massachusetts that limits jury awards against nonprofits to $20,000.

That law, lawyers and victims say, dissuades sexual abuse victims from coming forward.

“It’s a real slap in the face,” said a 64-year-old man, who was sexually abused by a scoutmaster in Hyde Park, Dedham and Walpole in the late 1960s. He was 12 at the time of the abuse.

“The cap minimizes what happened,” added the victim, whose name the Herald is withholding because he is a sexual assault victim. He received $20,000 a few years ago after suing the Boy Scouts.

“It should be more, especially if it happened to a minor,” he added. His lawyer, Carmen Durso, confirmed the details of the case to the Herald.

Bay State attorneys and lawmakers are looking to abolish the charitable immunity limit on cases against nonprofits. New York, New Jersey and the majority of other states have eliminated the cap.

“We’re usually the leader,” said state Rep. Carmine Gentile, a Sudbury Democrat. “This is one of those rare instances where the rest of the country got the message, but we haven’t yet in Massachusetts.”

Gentile has filed legislation to scrap the charitable immunity cap in Massachusetts, home of the lowest in the country. Other Massachusetts lawmakers have filed bills to raise the $20,000 cap on charities and universities, along with getting rid of the $100,000 cap for medical malpractice resulting in serious injury or death.

“We think it’s long overdue to get rid of this,” said Tom Murphy, president of the Massachusetts Academy of Trial Attorneys. “Some of these are big, large, wealthy institutions flush with insurance coverage.”

The limits prevent a lot of people from receiving justice, said Durso, who represents survivors of sexual abuse. Many victims shy away from pursuing lawsuits after learning of the $20,000 maximum award, he added.

“It’s archaic and a disincentive for change that must take place,” said Boston attorney Mitchell Garabedian, who has represented numerous clergy sexual abuse victims.

Garabedian, and others, targeted individual priests — not the Catholic church — to get around the cap and win multimillion-dollar judgments.

Lobbyists fighting these bills at the State House said victims would receive money intended for charitable causes. However, these nonprofits pay large sums for insurance, which should in turn pay victims for wrongdoing, said Timothy Lynch, a personal injury attorney.

“We need to make it so these insurance companies aren’t getting a windfall and so charitable assets are protected,” he said. “Victims need to get just compensation.”

In a statement, the Massachusetts Health & Hospital Association called the state’s $100,000 liability limitation for medical malpractice claims against charitable health care providers a good compromise.

“MHA believes the current standard reflects an appropriate balance that recognizes the important role and responsibilities of nonprofit health care providers,” said Michael Sroczynski, the group’s senior vice president for government advocacy. “We will be reviewing the legislation that has been filed on this subject and we look forward to engaging in a dialogue with all interested parties.”

The Massachusetts Nonprofit Network said they’re also “looking into this issue.”

Abolishing the cap will be a tall mountain to climb, admitted Martin Healy, chief legal counsel and COO of the Massachusetts Bar Association.

“It’s heartbreaking because it’s very unfair to victims,” he said. “Hopefully with this news developing about the Boy Scouts, there will be more calls to get rid of it.”

Lawyers in New York and New Jersey last month released the names of nearly 200 Boy Scout leaders who have been accused of molesting boys for decades. The attorneys said they plan to file lawsuits soon.